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91_SB0452ham001
LRB9100558ACtmam
1 AMENDMENT TO SENATE BILL 452
2 AMENDMENT NO. . Amend Senate Bill 452 by replacing
3 the title with the following:
4 "AN ACT to amend the Private Detective, Private Alarm,
5 Private Security, and Locksmith Act of 1993."; and
6 on page 1, line 8, by replacing "Section 80" with "Sections
7 5, 30, 77, 80, 150, and 155"; and
8 on page 1, immediately below line 8, by inserting the
9 following:
10 "(225 ILCS 446/5)
11 Sec. 5. Definitions. In this Act:
12 "Armed employee" means a licensee or a person who is
13 currently employed by an agency certified under this Act who
14 is armed while engaged in the performance of official duties
15 within the course and scope of his or her employment or
16 exclusively employed by an employer during the hours or times
17 he or she is scheduled to work for that employer, or is
18 commuting between his or her home and place of employment,
19 provided the commuting is accomplished within one hour from
20 departure from home or place of employment, and there exists
21 an employer/employee relationship, whose full or part-time
22 duties include the wearing, carrying or possessing of a
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1 firearm in the performance of those duties.
2 "Board" means the Illinois Private Detective, Private
3 Alarm, Private Security, and Locksmith Board.
4 "Department" means the Illinois Department of
5 Professional Regulation.
6 "Director" means the Director of the Department of
7 Professional Regulation.
8 "Person" means a natural person.
9 "Private alarm contractor" means any person who engages
10 in a business that sells, installs, monitors, maintains,
11 alters, repairs, replaces, services, or responds to alarm
12 systems, including fire alarm systems, at protected premises
13 or at premises to be protected on an emergency basis and not
14 as a full-time security guard; but does not include a person,
15 firm, or corporation that manufactures or sells alarm systems
16 only from its place of business and does not sell, install,
17 monitor, maintain, alter, repair, replace, service, or
18 respond to alarm systems at protected premises or premises to
19 be protected or a licensed electrical contractor who repairs
20 or services fire alarm systems on an "emergency call-in
21 basis", or who sells, installs, maintains, alters, and
22 repairs, or services fire alarm systems.
23 "Private alarm contractor agency" means any person, firm,
24 association, or corporation that engages in the private alarm
25 contractor business and employs one or more persons in
26 conducting the business.
27 "Private detective" means any person who by any means,
28 including but not limited to manual or electronic methods,
29 engages in the business of, accepts employment to furnish, or
30 agrees to make or makes investigations for fees or other
31 valuable consideration to obtain information with reference
32 to:
33 (1) Crime or wrongs done or threatened against the
34 United States or any state or territory of the United
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1 States.
2 (2) The identity, habits, conduct, business
3 occupation, honesty, integrity, credibility, knowledge,
4 trustworthiness, efficiency, loyalty, activity,
5 movements, whereabouts, affiliations, associations,
6 transactions, acts, reputation, or character of any
7 person, firm, association, or corporation, by any means,
8 manually or electronically.
9 (3) The location, disposition, or recovery of lost
10 or stolen property.
11 (4) The cause, origin, or responsibility for fires,
12 accidents, or injuries to real or personal property.
13 (5) The truth or falsity of any statement or
14 representation.
15 (6) Securing evidence to be used before any court,
16 board, officer, or investigating committee.
17 (7) Personal protection of individuals from bodily
18 harm or death (bodyguard functions).
19 (8) Service of process in criminal and civil
20 proceedings without court order.
21 "Private detective agency" means any person, firm,
22 association, or corporation that engages in the private
23 detective business and employs one or more persons in
24 conducting the business.
25 "Private security contractor" means any person who
26 engages in the business of providing a private guard,
27 watchman, patrol service, or any like service by any other
28 title or name on a contractual basis for another person,
29 firm, association, or corporation for a fee or other valuable
30 consideration and performing one or more of the following
31 functions:
32 (1) The prevention or detection of intrusion,
33 entry, theft, vandalism, abuse, fire, or trespass on
34 private or governmental property.
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1 (2) The prevention, observation, or detection of
2 any unauthorized activity on private or governmental
3 property.
4 (3) The protection of patrons and persons lawfully
5 authorized to be on the premises of the person, firm,
6 association, or corporation for whom he or she
7 contractually is obligated to provide security services.
8 (4) The prevention of the misappropriation or
9 concealment of goods, money, bonds, stocks, notes,
10 valuable documents, or papers.
11 (5) The control, regulation, or direction of the
12 flow or movement of the public, whether by vehicle or
13 otherwise, only to the extent and for the time directly
14 and specifically required to assure the protection of
15 property on property owned or controlled by the client.
16 (6) The protection of individuals from bodily harm
17 or death (bodyguard functions).
18 "Private security contractor agency" means any person,
19 firm, association, or corporation that engages in the private
20 security contractor business and that employs one or more
21 persons in conducting the business.
22 "Locksmith" means a person who has received a license
23 under this Act and who engages in the practice of
24 locksmithing as defined in this Act.
25 "Locksmith agency" means any person, firm, association,
26 or corporation that engages in the locksmith business and
27 that employs one or more persons in conducting the business.
28 "The practice of locksmithing" includes, but is not
29 limited to, the servicing, installing, originating first
30 keys, re-coding, manipulation, or bypassing of mechanical or
31 electronic locking devices at premises, vehicles, safes,
32 vaults, safe deposit boxes, or automatic teller machines.
33 "Public member" means a person who is not a licensee or a
34 relative of a licensee, or who is not an employer or an
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1 employee of a licensee. The term "relative" shall be
2 determined by rules of the Department.
3 "In charge" means the individual licensee whose name and
4 license number appear on a certificate of registration for a
5 detective, private security contractor, private alarm
6 contractor, or locksmith agency is a full-time executive
7 employee or owner who assumes full responsibility for all
8 employees of the agency and for their directed actions, and
9 assumes full responsibility for maintaining all records
10 required by this Act or rule of the Department and is
11 responsible for otherwise assuring compliance with this Act.
12 Records shall be maintained at a location in Illinois and the
13 address of the location filed with the Department and
14 accessible to Department representatives in accordance with
15 Section 115 of this Act. This does not relieve any person,
16 firm, association, or corporation licensed as an agency under
17 this Act from also assuming full responsibility for
18 compliance with this Act. It is the responsibility of the
19 licensee in charge to notify the Department, in writing
20 within 10 days, when the licensee terminates his or her in
21 charge relationship with an agency.
22 "Permanent employee registration card" means a card
23 issued by the Department to an individual who has applied to
24 the Department and has been found to be employable by an
25 agency certified under this Act.
26 "Firearm authorization card" means a card issued by the
27 Department that authorizes the holder to carry a weapon
28 during the performance of his or her duties as specified
29 under Section 180 of this Act.
30 "Burglar alarm system" means any system, including an
31 electronic access system or other electronic security system,
32 that activates an audible, visible, or remote signal that
33 requires a response and is designed for the prevention or
34 detection of intrusion, entry, theft, vandalism, or trespass.
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1 "Fire alarm system" means any system that is activated by
2 any automatic or manual device in the detection of smoke,
3 heat, or fire that activates an audible, visible, or remote
4 signal that requires response.
5 "Branch office" means any business location removed from
6 the place of business for which an agency license has been
7 issued.
8 "Armed proprietary security force" means any security
9 force made up of 5 or more armed individuals employed in a
10 commercial or industrial operation; one or more armed
11 individuals employed in a financial operation as security
12 guards for the protection of persons; or one or more armed
13 individuals employed for the protection of private property
14 related to a commercial, industrial, or financial operation.
15 "Association" means 2 or more persons joined together for
16 a business purpose.
17 "Firm" means any unincorporated business entity or
18 enterprise, including but not limited to proprietorships and
19 partnerships.
20 "Corporation" means any artificial person or legal entity
21 created by or under the authority of the laws of a state.
22 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)
23 (225 ILCS 446/30)
24 Sec. 30. Exemptions.
25 (a) This Act does not apply to:
26 (1) An officer or employee of the United States,
27 this State, or any political subdivision of either while
28 the officer or employee is engaged in the performance of
29 his or her official duties within the course and scope of
30 his or her employment with the United States, this State,
31 or any political subdivision of either. However, any
32 person who offers his or her services as a private
33 detective or private security contractor, or any title
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1 when similar services are performed for compensation,
2 fee, or other valuable consideration, whether received
3 directly or indirectly, is subject to this Act and its
4 licensing requirements.
5 (2) An attorney-at-law licensed to practice in
6 Illinois while engaging in the practice of law.
7 (3) A person engaged exclusively in the business of
8 obtaining and furnishing information as to the financial
9 rating or credit worthiness of persons; and a person who
10 provides consumer reports in connection with:
11 (i) Credit transactions involving the consumer
12 on whom the information is to be furnished and
13 involving the extensions of credit to the consumer.
14 (ii) Information for employment purposes.
15 (iii) Information for the underwriting of
16 insurance involving the consumer.
17 (4) Insurance adjusters legally employed or under
18 contract as adjusters and who engage in no other
19 investigative activities other than those directly
20 connected with adjustment of claims against an insurance
21 company or self-insured by which they are employed or
22 with which they have a contract. No insurance adjuster
23 or company may utilize the term "investigation" or any
24 derivative thereof in its company name or in its
25 advertising other than for the handling of insurance
26 claims.
27 For the purposes of this Code, "insurance adjuster"
28 includes any person expressly authorized to act on behalf
29 of an insurance company or self-insured and any employee
30 thereof who acts or appears to act on behalf of the
31 insurance company or self-insured in matters relating to
32 claims, including but not limited to independent
33 contractors while performing claim services at the
34 direction of the company.
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1 (5) A person engaged exclusively and employed by a
2 person, firm, association, or corporation in the business
3 of transporting persons or property in interstate
4 commerce and making an investigation related to the
5 business of that employer.
6 (6) Any person, watchman, or guard employed
7 exclusively and regularly by one employer in connection
8 with the affairs of that employer only and there exists
9 an employer/employee relationship.
10 (7) Any law enforcement officer, as defined in the
11 Illinois Police Training Act, who has successfully
12 completed the requirements of basic law enforcement and
13 firearms training as prescribed by the Illinois Law
14 Enforcement Training Standards Board, employed by an
15 employer in connection with the affairs of that employer,
16 provided he or she is exclusively employed by the
17 employer during the hours or times he or she is scheduled
18 to work for that employer, and there exists an employer
19 and employee relationship.
20 In this subsection an "employee" is a person who is
21 employed by an employer who has the right to control and
22 direct the employee who performs the services in
23 question, not only as to the result to be accomplished by
24 the work, but also as to the details and means by which
25 the result is to be accomplished; and an "employer" is
26 any person or entity, with the exception of a private
27 detective, private detective agency, private security
28 contractor, private security contractor agency, private
29 alarm contractor, or private alarm contractor agency,
30 whose purpose it is to hire persons to perform the
31 business of a private detective, private detective
32 agency, private security contractor, private security
33 contractor agency, private alarm contractor, or private
34 alarm contractor agency.
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1 (8) A person who sells burglar alarm systems and
2 does not install, monitor, maintain, alter, repair,
3 service, or respond to burglar alarm systems at protected
4 premises or premises to be protected, provided:
5 (i) The burglar alarm systems are
6 approved either by Underwriters Laboratories or
7 another authoritative source recognized by the
8 Department and are identified by a federally
9 registered trademark.
10 (ii) The owner of the trademark has
11 expressly authorized the person to sell the
12 trademark owner's products, and the person
13 provides proof of this authorization upon the
14 request of the Department.
15 (iii) The owner of the trademark
16 maintains, and provides upon the Department's
17 request, a certificate evidencing insurance for
18 bodily injury or property damage arising from
19 faulty or defective products in an amount not
20 less than $1,000,000 combined single limit;
21 provided that the policy of insurance need not
22 relate exclusively to burglar alarm systems.
23 (9) A person who sells, installs, maintains, or
24 repairs automobile alarm systems.
25 (9-5) A person, firm, or corporation engaged solely
26 and exclusively in tracing and compiling lineage or
27 ancestry.
28 (b) Nothing in this Act prohibits any of the following:
29 (A) Servicing, installing, repairing, or rebuilding
30 automotive locks by automotive service dealers, as long
31 as they do not hold themselves out to the public as
32 locksmiths.
33 (B) Police, fire, or other municipal employees from
34 opening a lock in a life-threatening situation, when the
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1 location of a vehicle creates a danger to the public, or
2 when a diligent effort has been made to contact a
3 licensed locksmith who can provide the service in a
4 timely manner as determined by the police, fire, or other
5 municipal employee, who shall take into consideration the
6 health and safety of the occupants of the vehicle an
7 emergency situation, as long as they do not hold
8 themselves out to the public as locksmiths.
9 (C) Any merchant or retail or hardware store from
10 duplicating keys, from installing, servicing, repairing,
11 rebuilding, reprogramming, or maintaining electronic
12 garage door devices or from selling locks or similar
13 security accessories not prohibited from sale by the
14 State of Illinois, as long as they do not hold themselves
15 out to the public as locksmiths.
16 (D) The installation or removal of complete locks
17 or locking devices by members of the building trades when
18 doing so in the course of residential or commercial new
19 construction or remodeling, as long as they do not hold
20 themselves out to the public as locksmiths.
21 (E) The employees of towing services, repossessors,
22 or auto clubs from opening automotive locks in the normal
23 course of their duties, as long as they do not hold
24 themselves out to the public as locksmiths. Additionally,
25 this Act shall not prohibit employees of towing services
26 from opening motor vehicle locks to enable a vehicle to
27 be moved without towing, provided that the towing service
28 does not hold itself out to the public, by yellow page
29 advertisement, through a sign at the facilities of the
30 towing service, or by any other advertisement, as a
31 locksmith.
32 (F) The practice of locksmithing by students in the
33 course of study in programs approved by the Department,
34 provided that the students do not hold themselves out to
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1 the public as locksmiths.
2 (G) Servicing, installing, repairing, or rebuilding
3 locks by a lock manufacturer or anyone employed by a lock
4 manufacturer, as long as they do not hold themselves out
5 to the public as locksmiths.
6 (H) The provision of any of the products or
7 services in the practice of locksmithing as identified in
8 Section 5 of this Act by a business licensed by the State
9 of Illinois as a private alarm contractor or private
10 alarm contractor agency, as long as the principal purpose
11 of the services provided to a customer is not the
12 practice of locksmithing and the business does not hold
13 itself out to the public as a locksmith agency.
14 (I) Any maintenance employee of a property
15 management company at a multi-family residential building
16 from servicing, installing, repairing, or opening locks
17 for tenants as long as the maintenance employee does not
18 hold himself or herself out to the public as a locksmith.
19 (J) A person, firm, or corporation from engaging in
20 fire protection engineering, including the design,
21 testing, and inspection of fire protection systems.
22 (K) The practice of professional engineering as
23 defined in the Professional Engineering Practice Act of
24 1989.
25 (L) The practice of structural engineering as
26 defined in the Structural Engineering Licensing Act of
27 1989.
28 (M) The practice of architecture as defined in the
29 Illinois Architecture Practice Act of 1989.
30 (N) The activities of persons or firms licensed
31 under the Illinois Public Accounting Act if performed in
32 the course of their professional practice.
33 (c) This Act does not prohibit any persons legally
34 regulated in this State under any other Act from engaging in
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1 the practice for which they are licensed, provided that they
2 do not represent themselves by any title prohibited by this
3 Act.
4 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
5 90-633, eff. 7-24-98.)
6 (225 ILCS 446/77)
7 Sec. 77. Necessity for licensure of locksmith agencies;
8 grandfather provision.
9 (a) On or after January 1, 1997, no person shall
10 practice as a locksmith and no business entity shall operate
11 as a locksmith agency without first applying for and
12 obtaining a license for that purpose from the Department.
13 (b) Applications must be accompanied by the required
14 fee.
15 (c) In lieu of the examination given to other applicants
16 for licensure, the Director may issue a license to an
17 individual who presents proof to the Director that he or she
18 was actively engaged as a locksmith or as a supervisor,
19 manager, or administrator of a locksmith business for 3 years
20 out of the 5 years immediately preceding January 1, 1996 and
21 meets all other requirements of this Act.
22 (d) The application for a license without examination
23 shall be made to the Director within 2 years after the
24 effective date of this amendatory Act of 1995.
25 (e) (Blank). A person who applies for licensure under
26 this Section between September 1, 1998 and September 30, 1998
27 shall be exempt from subsection (d) of this Section and shall
28 be issued a license upon proof of meeting all other
29 requirements for licensure under this Section.
30 (f) Notwithstanding subsection (d), a person who meets
31 the requirements of subsection (c) may receive a license
32 without examination if he or she applies to the Director
33 within 180 days after the effective date of this amendatory
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1 Act of the 91st General Assembly.
2 (Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)";
3 and
4 on page 7, immediately below line 16, by inserting the
5 following:
6 "(225 ILCS 446/150)
7 Sec. 150. Cease and desist orders. Whenever the
8 Department has reason to believe that a person, firm,
9 association, or corporation has violated any provision of
10 Section 15 of this Act, the Department may issue a rule to
11 show cause why an order to cease and desist should not be
12 entered against that person, firm, association, or
13 corporation. The rule shall clearly set forth the grounds
14 relied upon by the Department and shall provide a period of 7
15 days from the date of the rule to file an answer to the
16 satisfaction of the Department. Failure to answer to the
17 satisfaction of the Department shall cause an order to cease
18 and desist to be issued immediately. The Department may
19 conduct hearings and issue cease and desist orders to persons
20 who engage in activities prohibited by this Act. Any person
21 in violation of a cease and desist order entered by the
22 Department is subject to all of the remedies provided by law
23 and, in addition, is subject to a civil penalty payable to
24 the party injured by the violation.
25 (Source: P.A. 88-363.)
26 (225 ILCS 446/155)
27 Sec. 155. Penalties.
28 (a) In addition to any other penalty provided by law,
29 any person, firm, association, or corporation who violates
30 Section 15 of this Act or any other provision of this Act
31 shall forfeit and pay a civil penalty to the Department in an
32 amount not to exceed $5,000 for each offense as determined by
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1 the Department. The civil penalty shall be assessed by the
2 Department in accordance with the provisions set forth in
3 Sections 130, 135, 140, 160 and 170.
4 (b) The Department has the authority and power to
5 investigate any and all unlicensed activity.
6 (c) The civil penalty shall be paid within 60 days after
7 the effective date of the order imposing the civil penalty.
8 The order shall constitute a judgment and may be filed and
9 execution had thereon in the same manner as any judgment from
10 any court of record.
11 (Source: P.A. 88-363.)".